NARAYANA HEALTH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals arise from the judgement and order of the High Court[ Vide judgement and order dtd. 16/5/2023 in C.R.R. No. 967 of 2021 with CRAN No. 1 of 2021.], setting aside the summoning order passed by the Judicial Magistrate [Vide order dtd. 11/3/2021 in Complaint Case No. C-533 of 2021.] and remanding the matter for reconsideration, especially regarding complicity of first appellant, a corporate entity running the coaccused hospital, and the third appellant, being the Chairman, both of whom are in a separate territorial jurisdiction than the Magistrate. The main issue is whether the allegations contained in the complaint prima facie disclose commission of a criminal offence or not.

(3.) The facts relevant for our consideration are as follows. The present proceedings arise out of a complaint filed by the second respondent ("complainant") in relation to the medical treatment of his mother, Smt. Bina Sen, who was admitted to Narayana Multispecialty Hospital, Barasat, Kolkata, on 13/2/2021 for treatment of her fractured right femur bone. She underwent a successful surgery on 15/2/2021 and remained admitted until her discharge on 19/2/2021. Upon discharge, the hospital issued a bill for the medical services rendered. The complainant paid a sum of Rs.1,71,130.00 towards the treatment expenses, out of a total billed amount of approximately Rs.1,94,307.84 after certain discounts were applied by the hospital. After the discharge of the patient, the complainant approached the hospital authorities on 20/2/2021, raising concerns regarding certain discrepancies in the billing and seeking copies of medical records and documents relating to the treatment of his mother. The complainant was informed about the hospital's grievance redressal mechanism and was advised to follow the established procedure for obtaining records and addressing billing concerns. Subsequently, the complainant requested copies of medical documents and treatment records required for purposes of insurance reimbursement.